BEFORE THE IOWA BOARD OF PHARMACY

Re ) Pharmacy License of ) Case No 2011-89 HY-VEE PHARMACY 1 ) License No 877 ) STATEMENT OF CHARGES Respondent )

COMES NOW the Complainant Lloyd K Jessen and states

1 He is the Executive Director for the Iowa Board of Pharmacy and files this Statement of Charges solely in his official capacity

2 The Board has jurisdiction in this matter pursuant to Iowa Code Chapters 155A and 272C (2011)

3 On November 14 2011 the Board renewed general pharmacy license number 877 for Hy-Vee Pharmacy 1 (hereinafter Respondent) allowing Respondent to engage in the operation of a pharmacy subject to the laws of the State of Iowa and the rules of the Board

4 At all times material to this statement of charges Respondent was operating a general pharmacy at 3019 Rockingham Road Davenport Iowa 52802 with Diana L Burnett as the pharmacist in charge

A CHARGES

COUNT I - LACK OF PROFESSIONAL COMPETENCY

Respondent is charged under Iowa Codesect 155A15(2)(c) (2011) and 657 Iowa Administrative Codesect 361(4)(b) with a lack of professional competency as demonstrated by Respondents (a) substantial deviation from the standards oflearning and skill ordinarily possessed and applied by other Iowa pharmacies (b) failure to exercise in a substantial respect that degree of care which is ordinarily exercised by an Iowa pharmacy and (c) willful and repeated departure from and a failure to conform to the minimal standard and acceptable and prevailing practice of pharmacy in the state of Iowa as evidenced by Respondents failure to provide patient counseling

COUNT II - FAILURE TO PROVIDE COUNSELING

Respondent is charged under Iowa Code sect 155A15(2)(c) (2011) and 657 Iowa Administrative Codesectsect 614(1) and 361(4)(w) with failing to provide counseling to patients and engaging in business practices intended to circumvent requirements for patient counseling

1

SUSAN M FREY C pers

BCIRCUMSTANCES

An investigation was commenced on June 7 2011 which revealed the following

1 At all times material to this Statement of Charges Respondent operated a general pharmacy at 3019 Rockingham Road Davenport Iowa 52802 with Diana L Burnett as the pharmacist in charge

2 During a shopper survey conducted by the Board the pharmacy was presented with two new prescriptions for drugs The prescription medications have a potentially dangerous drug interaction

3 At the time the pharmacy received the prescriptions the interaction was recognized by the pharmacist in charge who refused to fill both scripts without talking with the shoppers physician The shopper chose to have only one prescription filled

4 When the one medication was dispensed no counseling was provided to the shopper

Wherefore the Complainant prays that a hearing be held in this matter and that the Board take such action as it may deem to be appropriate under the law

On this Zjj_ day oJ((olJ 2012 the Iowa Board of Pharmacy found probable

cause to file this Statement of Charges and to order a hearing in this case

Iowa Board of Pharmacy 400 SW Eighth Street Suite E Des Moines Iowa 50309-4688

cc Scott M Galenbeck Assistant Attorney General Hoover State Office Building Des Moines Iowa 50319

Hy-V Davenport-SOC 2-12doc

2

1111iit _ _

BEFORE THB IOWA BOARD OF PHARMACY

Re ) case No 2ou-89 Phannacy License of ) BYVKE PBABMACY bull1 ) STIPOLATION License No 877 ) AND Respondent ) CONSENT ORDmt

Parsuant to Iowa Code sectsect 17A10 and 272C3(4) (iOf1) the Iowa Board of

P~(hereinafter the Boardlf) and HyVee Pharmacy 11 ~inafter

middot Respondent)have agreed to settle a contested case currently on file with the Board

I1ie Statement ofCharges filed against Respondent on March 7 2012 shallbe resolved

without a hearinamp as the Board and Respondent sttpulate to the following

L Respondents license to operate ageneral pharmacyin Iowa is evidenced

byPharmacy License Number 871 which is recorded in the permanent reootds of

the Board

2 Pharmacy Ltcense Number 871 is current and active until December 31

2012

a 1heBoard has jurisdiction over the parties and the subjeet matter herein

+ A State~ent ofCharges was tlled against Respondent on March 7 2012

s Respondent denies the allegations contained in the Statement of~middot

but in the interest ofsettlement has chosen not to contest the allegations

Respondent acknowledges that the allegations ifproven in a contested cse

proceeding would constitute grounds for the discipline described herein

1

SUSAN M FREY C pers

BCIRCUMSTANCES

An investigation was commenced on June 7 2011 which revealed the following

1 At all times material to this Statement of Charges Respondent operated a general pharmacy at 3019 Rockingham Road Davenport Iowa 52802 with Diana L Burnett as the pharmacist in charge

2 During a shopper survey conducted by the Board the pharmacy was presented with two new prescriptions for drugs The prescription medications have a potentially dangerous drug interaction

3 At the time the pharmacy received the prescriptions the interaction was recognized by the pharmacist in charge who refused to fill both scripts without talking with the shoppers physician The shopper chose to have only one prescription filled

4 When the one medication was dispensed no counseling was provided to the shopper

Wherefore the Complainant prays that a hearing be held in this matter and that the Board take such action as it may deem to be appropriate under the law

On this Zjj_ day oJ((olJ 2012 the Iowa Board of Pharmacy found probable

cause to file this Statement of Charges and to order a hearing in this case

Iowa Board of Pharmacy 400 SW Eighth Street Suite E Des Moines Iowa 50309-4688

cc Scott M Galenbeck Assistant Attorney General Hoover State Office Building Des Moines Iowa 50319

Hy-V Davenport-SOC 2-12doc

2

1111iit _ _

BEFORE THB IOWA BOARD OF PHARMACY

Re ) case No 2ou-89 Phannacy License of ) BYVKE PBABMACY bull1 ) STIPOLATION License No 877 ) AND Respondent ) CONSENT ORDmt

Parsuant to Iowa Code sectsect 17A10 and 272C3(4) (iOf1) the Iowa Board of

P~(hereinafter the Boardlf) and HyVee Pharmacy 11 ~inafter

middot Respondent)have agreed to settle a contested case currently on file with the Board

I1ie Statement ofCharges filed against Respondent on March 7 2012 shallbe resolved

without a hearinamp as the Board and Respondent sttpulate to the following

L Respondents license to operate ageneral pharmacyin Iowa is evidenced

byPharmacy License Number 871 which is recorded in the permanent reootds of

the Board

2 Pharmacy Ltcense Number 871 is current and active until December 31

2012

a 1heBoard has jurisdiction over the parties and the subjeet matter herein

+ A State~ent ofCharges was tlled against Respondent on March 7 2012

s Respondent denies the allegations contained in the Statement of~middot

but in the interest ofsettlement has chosen not to contest the allegations

Respondent acknowledges that the allegations ifproven in a contested cse

proceeding would constitute grounds for the discipline described herein

1

1111iit _ _

BEFORE THB IOWA BOARD OF PHARMACY

Re ) case No 2ou-89 Phannacy License of ) BYVKE PBABMACY bull1 ) STIPOLATION License No 877 ) AND Respondent ) CONSENT ORDmt

Parsuant to Iowa Code sectsect 17A10 and 272C3(4) (iOf1) the Iowa Board of

P~(hereinafter the Boardlf) and HyVee Pharmacy 11 ~inafter

middot Respondent)have agreed to settle a contested case currently on file with the Board

I1ie Statement ofCharges filed against Respondent on March 7 2012 shallbe resolved

without a hearinamp as the Board and Respondent sttpulate to the following

L Respondents license to operate ageneral pharmacyin Iowa is evidenced

byPharmacy License Number 871 which is recorded in the permanent reootds of

the Board

2 Pharmacy Ltcense Number 871 is current and active until December 31

2012

a 1heBoard has jurisdiction over the parties and the subjeet matter herein

+ A State~ent ofCharges was tlled against Respondent on March 7 2012

s Respondent denies the allegations contained in the Statement of~middot

but in the interest ofsettlement has chosen not to contest the allegations

Respondent acknowledges that the allegations ifproven in a contested cse

proceeding would constitute grounds for the discipline described herein

1

VVI bullIIbullbull I I WWWW__

6 On the date ofthe Boards approval ohbis Stipulation and Consent Order

Bespondents license shall be placed on probation for two (2) years upon the

following conditions

(a) Respondent shall obey all federal and state laws rules and regulatiou

substantially related to the operation ofan IQwapharmaey

(b) Consistent with subparagraph (IV above Respondent shall assure that

all customers receive counseling In accordance with Board rules

(c) Respondent shall me swom quarterly reports with the Board attesting

to Respondents compliance with the terms and con~ons of this

Stipulation and Consent Order The reports shall be filed not later than

December 5 March 5J June 5 and September 5 ofeach calendaryear

and shall inolude a description ofRespondents most rectmt ejfurts to

comply with t1rls 81ipulatlon and amsent Order including paragmph

(b) above Respondents quarterly reports shall also provide any other

information ~ed to be necessary from timeto time bythe Board

7 Upon the Boards approval ofthis Stipulation and Consent Order

Respondeat shall be assessed a civil penalty in the ammmt of$~000 The civil

penaltJpayment shall be made by ch~ payable to the Treasurer of Iowa and

mailed to the executive director ofthe Board within 10 lt1818 after Respondents

nceipt ofnotice ofthe Boards approval ofthisStipulation and Consent Order

All dvil penalty payments shall be deposited into the State ofIowa general fund

Upon the Boards receipt ofthe civil penalty this disciplinary proceeding shall be

concluded without further order of the Board

2

V VI I I - Y t bull I - bull t - W yen V yen bull yen bull yen yen

8 Shoul~ Respondent violate or fafi to comply with any ofthe terms or

condttions ofthis Stipulation and Consent Order the Board inay initiate futthel

action to hnpoge licensee discipline as authorized byIowa Code chapters 2~c

and l55A (2ou) and 657 IowaAdministrative Code sect 36L

9 This Stipulation and Consent Order is the resolution ofa contested case

By entering into this Stlpmation lllld Consent order Respondent wafyes all rights

to a contested case hearfng on the ellegations contained in the statement of

Charges and waives anyobjections to this stipulation and Consent Order

10 Thia proposed settlement is subject to approval by a majority of the foll

Board Ifthe ~ard fails to approve tlm settlement it shall be of no force or

effect to either party Ifthe Board approves this stipulation and Consent Order

itshall be the ftlll and final resolution of this matter

11 The States counsel maypresent this Stipulation and CollSent Order to the

Board

12 The Boardsapproval ofthis Stipulation and Consent Order shall

coDBtltute a FINAL ORDBR ofthe Board in adisciplinary proreediuga

lbfs Stipulation and Consent Order is voluntarilysubmitted_Jgty Hy-Vee Phannacy 11 to the Iowa Board ofPharmacy for its consideration on this~ day ofJumicroamp ~~

HY-VEE PHARMACY 11

By~ayta Q i AN4 RPh Pharmaclst In Charge ~

3

~ ~middot ~

SubscnDed and swom to before me byJMlllmicro_ctl who bu stated to me that heshe is the phannadstin charge ofHy-Veo Pharmacy 1 and is authorimJ to sign this ~nlation and Consent Order on behalfofHy-Vee Pharmacy 1 on thisllfi day ofltJrfl c 2012

tllllIJ Thjs on~Consent Order Is accepted by the Iowa Board ofPharmacy on1hisQl) dayof d4 2012

middot ~lJr_ ~FREYCh

Iowa Board ofPharmacy 400 SW Eighth Street Suite E Des Moines Iowa 503094688

cc Theresa Weeg Assistant Attorney Genelll Office oftheAttomey General Hoover State Office Building Des Moines Iowa 50319

Edwln N Mcintosh Dorsey 8t Whitney 801 GrandAvenue Des Moines IA 50309

~llllttle~

4

BEFORE THE BOARD OF PHARJ1ACY STATE OF IOWA

IN THE MATTER OF THE STIPULATION AND CONSENT ORDER AGAINST

HY-VEE PHARMACY 1 RESPONDENT

2011-89

TERl1INATION ORDER

DATE June 27 2014

1 On June 2 2012 a Stipulation and Consent Order was accepted by the Iowa

Board of Pharmacy placing the license to practice pharmacy number 877 issued to Hy-

Vee Pharmacy 1 on probation for a period of two years under certain terms and

conditions

2 Respondent has successfully completed the probation as directed

3 The Board directed that the probation placed upon the Respondents license to

practice pharmacy should be terminated

IT IS HEREBY ORDERED

That the probation placed upon the Respondents license to practice pharmacy is

terminated and the license is returned to its full privileges free and clear of all

restrictions

IOWA BOARD OF PHARAMCY

Edward M er Board Chairperson 400 SW 8th Street Suite E Des Moines Iowa 50309-4688

• 3712 Statement of Charges13
• 62712 Stipulation and Consent Order13

V VI I I - Y t bull I - bull t - W yen V yen bull yen bull yen yen

8 Shoul~ Respondent violate or fafi to comply with any ofthe terms or

condttions ofthis Stipulation and Consent Order the Board inay initiate futthel

action to hnpoge licensee discipline as authorized byIowa Code chapters 2~c

and l55A (2ou) and 657 IowaAdministrative Code sect 36L

9 This Stipulation and Consent Order is the resolution ofa contested case

By entering into this Stlpmation lllld Consent order Respondent wafyes all rights

to a contested case hearfng on the ellegations contained in the statement of

Charges and waives anyobjections to this stipulation and Consent Order

10 Thia proposed settlement is subject to approval by a majority of the foll

Board Ifthe ~ard fails to approve tlm settlement it shall be of no force or

effect to either party Ifthe Board approves this stipulation and Consent Order

itshall be the ftlll and final resolution of this matter

11 The States counsel maypresent this Stipulation and CollSent Order to the

Board

12 The Boardsapproval ofthis Stipulation and Consent Order shall

coDBtltute a FINAL ORDBR ofthe Board in adisciplinary proreediuga

lbfs Stipulation and Consent Order is voluntarilysubmitted_Jgty Hy-Vee Phannacy 11 to the Iowa Board ofPharmacy for its consideration on this~ day ofJumicroamp ~~

HY-VEE PHARMACY 11

By~ayta Q i AN4 RPh Pharmaclst In Charge ~

3

~ ~middot ~

SubscnDed and swom to before me byJMlllmicro_ctl who bu stated to me that heshe is the phannadstin charge ofHy-Veo Pharmacy 1 and is authorimJ to sign this ~nlation and Consent Order on behalfofHy-Vee Pharmacy 1 on thisllfi day ofltJrfl c 2012

tllllIJ Thjs on~Consent Order Is accepted by the Iowa Board ofPharmacy on1hisQl) dayof d4 2012

middot ~lJr_ ~FREYCh

Iowa Board ofPharmacy 400 SW Eighth Street Suite E Des Moines Iowa 503094688

cc Theresa Weeg Assistant Attorney Genelll Office oftheAttomey General Hoover State Office Building Des Moines Iowa 50319

Edwln N Mcintosh Dorsey 8t Whitney 801 GrandAvenue Des Moines IA 50309

~llllttle~

4

BEFORE THE BOARD OF PHARJ1ACY STATE OF IOWA

IN THE MATTER OF THE STIPULATION AND CONSENT ORDER AGAINST

HY-VEE PHARMACY 1 RESPONDENT

2011-89

TERl1INATION ORDER

DATE June 27 2014

1 On June 2 2012 a Stipulation and Consent Order was accepted by the Iowa

Board of Pharmacy placing the license to practice pharmacy number 877 issued to Hy-

Vee Pharmacy 1 on probation for a period of two years under certain terms and

conditions

2 Respondent has successfully completed the probation as directed

3 The Board directed that the probation placed upon the Respondents license to

practice pharmacy should be terminated

IT IS HEREBY ORDERED

That the probation placed upon the Respondents license to practice pharmacy is

terminated and the license is returned to its full privileges free and clear of all

restrictions

IOWA BOARD OF PHARAMCY

Edward M er Board Chairperson 400 SW 8th Street Suite E Des Moines Iowa 50309-4688

• 3712 Statement of Charges13
• 62712 Stipulation and Consent Order13

~ ~middot ~

SubscnDed and swom to before me byJMlllmicro_ctl who bu stated to me that heshe is the phannadstin charge ofHy-Veo Pharmacy 1 and is authorimJ to sign this ~nlation and Consent Order on behalfofHy-Vee Pharmacy 1 on thisllfi day ofltJrfl c 2012

tllllIJ Thjs on~Consent Order Is accepted by the Iowa Board ofPharmacy on1hisQl) dayof d4 2012

middot ~lJr_ ~FREYCh

Iowa Board ofPharmacy 400 SW Eighth Street Suite E Des Moines Iowa 503094688

cc Theresa Weeg Assistant Attorney Genelll Office oftheAttomey General Hoover State Office Building Des Moines Iowa 50319

Edwln N Mcintosh Dorsey 8t Whitney 801 GrandAvenue Des Moines IA 50309

~llllttle~

4

BEFORE THE BOARD OF PHARJ1ACY STATE OF IOWA

IN THE MATTER OF THE STIPULATION AND CONSENT ORDER AGAINST

HY-VEE PHARMACY 1 RESPONDENT

2011-89

TERl1INATION ORDER

DATE June 27 2014

1 On June 2 2012 a Stipulation and Consent Order was accepted by the Iowa

Board of Pharmacy placing the license to practice pharmacy number 877 issued to Hy-

Vee Pharmacy 1 on probation for a period of two years under certain terms and

conditions

2 Respondent has successfully completed the probation as directed

3 The Board directed that the probation placed upon the Respondents license to

practice pharmacy should be terminated

IT IS HEREBY ORDERED

That the probation placed upon the Respondents license to practice pharmacy is

terminated and the license is returned to its full privileges free and clear of all

restrictions

IOWA BOARD OF PHARAMCY

Edward M er Board Chairperson 400 SW 8th Street Suite E Des Moines Iowa 50309-4688

• 3712 Statement of Charges13
• 62712 Stipulation and Consent Order13

BEFORE THE BOARD OF PHARJ1ACY STATE OF IOWA

IN THE MATTER OF THE STIPULATION AND CONSENT ORDER AGAINST

HY-VEE PHARMACY 1 RESPONDENT

2011-89

TERl1INATION ORDER

DATE June 27 2014

1 On June 2 2012 a Stipulation and Consent Order was accepted by the Iowa

Board of Pharmacy placing the license to practice pharmacy number 877 issued to Hy-

Vee Pharmacy 1 on probation for a period of two years under certain terms and

conditions

2 Respondent has successfully completed the probation as directed

3 The Board directed that the probation placed upon the Respondents license to

practice pharmacy should be terminated

IT IS HEREBY ORDERED

That the probation placed upon the Respondents license to practice pharmacy is

terminated and the license is returned to its full privileges free and clear of all

restrictions

IOWA BOARD OF PHARAMCY

Edward M er Board Chairperson 400 SW 8th Street Suite E Des Moines Iowa 50309-4688

• 3712 Statement of Charges13
• 62712 Stipulation and Consent Order13